Colorado Supreme Court Opinions

December 16, 2019

2019 CO 105 No. 15SC770, Vigil v. People

Vigil sought review of the Court of Appeals’ judgment affirming his convictions of second degree burglary and second degree aggravated motor vehicle theft. As pertinent to the issues on review in the Supreme Court, the trial court denied Vigil’s for-cause challenge to Juror C.A. but granted the prosecution’s challenge to Juror D.K. At trial, and over defense counsel’s objection, an officer was permitted to opine without qualification as an expert that Vigil’s shoes visually matched shoeprints he photographed at the crime scene. With regard to Vigil’s assignments of error concerning these rulings, the Court of Appeals concluded that the trial court had not abused its discretion.

The Supreme Court affirmed, ruling that the trial court did not abuse its discretion by denying Vigil’s challenge to Juror C.A.; that any error committed in granting the prosecution’s challenge to prospective Juror D.K. would in any event have been harmless; and that the trial court did not abuse its discretion in allowing the officer to offer a lay opinion concerning the shoeprint comparison in question.

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December 16, 2019

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